New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink

CHARTER LAKESIDE BEHAVIORAL HEALTH SYSTEM v. TENNESSEE HEALTH
FACILITIES COMMISSION, et al.
Court:TCA
Attorneys:
William H. West, Nashville, Tennessee, for the appellant, Charter
Lakeside Behavioral Health System.
G. Ray Bratton, Memphis, Tennessee, for the appellee, Compass
Intervention Center, LLC.
Paul R. Summers, Attorney General and Reporter, and Michelle Hohnke
Joss, Assistant Attorney General, for the appellee, Tennessee Health
Facilities Commission.
Judge: KOCH
First Paragraph:
This appeal involves a dispute arising out of the construction of a
mental health treatment facility in Shelby County. As the facility
neared completion, a corporation operating a competing facility filed
a petition with the Tennessee Health Facilities Commission seeking a
declaratory order that the new facility could not begin operating
until it obtained a certificate of need. After the Commission
declined to render a declaratory order, the competing corporation
petitioned the Chancery Court for Davidson County for a declaratory
judgment that the new facility could not begin operating without a
certificate of need. The trial court initially dismissed the petition
because of the competitor's delay in challenging the construction of
the facility. After this court reversed and remanded the case for
further consideration, the trial court remanded the case to the
Commission to determine whether the new facility had been constructed
before the certificate of need laws had been expanded to cover such
facilities. On this appeal both the competing corporation and the
Commission assert that the trial court erred by not rendering a
declaratory judgment based on the existing administrative record.
While this appeal was pending, the competing corporation sold its
Shelby County facility to another corporation but retained its
interest in this litigation. We have determined that this appeal no
longer involves a justiciable issue because the competing corporation
no longer operates a facility in Shelby County and, therefore, is not
entitled to judicial relief. Accordingly, we vacate the judgment and
remand the case to the trial court with directions to dismiss the
petition for declaratory judgment.
http://www.tba.org/tba_files/TCA/charterlakeside.wpd
WAYFORD DEMONBREUN, JR. v. DENNIS J. HUGHES, et al.
Court:TCA
Attorneys:
Wayford Demonbreun, Pro Se
F. Michie Gibson, Jr., Pro Se
Judge: CRAWFORD
First Paragraph:
Plaintiff, inmate acting pro se, sued two former attorneys alleging
that after the first attorney was removed from his criminal case and
ordered to refund part of the retainer fee paid, the second attorney
was appointed to represent plaintiff. Subsequently, the second
attorney, without authorization, compromised and settled plaintiff's
claim against the first attorney and converted the proceeds of the
settlement to his own use. The first attorney was never served with
process, and the trial court granted summary judgment to the second
attorney. Plaintiff has appealed.
http://www.tba.org/tba_files/TCA/demonbreunway.wpd
MARCIA KAY HACKETT v. ROY DAN HACKETT
Court:TCA
Attorneys:
Nathaniel H. Koenig, Nashville, Tennessee, for the appellant, Marcia
Kay Hackett.
Mark Walker, Goodlettsville, Tennessee, for the appellee, Roy Dan
Hackett.
Judge: CAIN
First Paragraph:
This is a divorce case wherein Wife appeals from the distribution of
marital property and seeks attorney's fees and costs on appeal. We
affirm the action of the trial judge.
http://www.tba.org/tba_files/TCA/hackettmarcia.wpd
GEORGE LAWRENCE, JR., et al. v. V. LANE RAWLINS, et al.
Court:TCA
Attorneys:
Paul G. Summers, Attorney General and Reporter; William J. Marett,
Jr., Assistant Attorney General, for the appellants, Charles E. Smith,
James A. Hefner, Roy S. Nicks, V. Lane Rawlins, James E. Walker,
Arthur Lawson, East Tennessee State University, Middle Tennessee State
University, Tennessee State University, and the University of Memphis.
Michele D. Collins, Nashville, Tennessee, for the appellee, Theodore
A. Black.
David B. Lyons, Nashville, Tennessee, for the appellee, Joseph Perry.
Larry D. Woods, Nashville, Tennessee, for the appellees, Melvin N.
Cason, Julana Croy, George Lawrence, Jr., and Danny J. Leath.
Judge: KOCH
First Paragraph:
These consolidated appeals involve a challenge to the policy of the
educational institutions within the State University and Community
College System to deny grievance hearings to non-tenured support
personnel terminated for poor job performance. After their respective
terminations, six employees of four educational institutions filed
separate petitions for review or for a common-law writ of certiorari
in the Chancery Court for Davidson County alleging that their
employers had acted arbitrarily and illegally by terminating them
without affording them a grievance hearing. Two chancellors held that
Tenn. Code Ann. S 49-8-117 (1996) required the educational
institutions to make grievance hearings available to non-tenured
employees terminated for poor job performance and directed the
institutions to provide the employees with hearings. We consolidated
these appeals and now concur with the chancellors that these employees
have a statutory right to a grievance hearing.
http://www.tba.org/tba_files/TCA/lawrenceg.wpd
LARRY SIMPSON v. DONAL CAMPBELL, COMMISSIONER et al.
Court:TCA
Attorneys:
Larry Simpson, Nashville, Tennessee, Pro Se.
Michael L. Haynie and Terri Leigh Bernal, Nashville, Tennessee, for
the appellee, Donal Campbell.
Judge: CAIN
First Paragraph:
Larry Simpson, a prison inmate, appeals the dismissal by the trial
court of his Petition for Declaratory Judgment asserting that he was
entitled to mandatory parole under former Tennessee Code Annotated
Section 40-3614 and Tennessee Code Annotated Section 40-20-115. We
affirm the trial court.
http://www.tba.org/tba_files/TCA/simpsonlarry.wpdSTATE OF TENNESSEE v. DONALD LYNN MILLER
Court:TCCA
Attorneys:
Dail R. Cantrell, Clinton, Tennessee, for the Appellant, Donald Lynn
Miller.
Paul G. Summers, Attorney General and Reporter, Michael Moore,
Solicitor General, Mark A. Fulks, Assistant Attorney General, Randall
E. Nichols, District Attorney General, and Robert L. Jolley, Jr.,
Assistant District Attorney General, for the Appellee, State of
Tennessee.
Judge: HAYES
First Paragraph:
Dail R. Cantrell, Clinton, Tennessee, for the Appellant, Donald Lynn Miller.
Paul G. Summers, Attorney General and Reporter, Michael Moore,
Solicitor General, Mark A. Fulks, Assistant Attorney General, Randall
E. Nichols, District Attorney General, and Robert L. Jolley, Jr.,
Assistant District Attorney General, for the Appellee, State of
Tennessee.
http://www.tba.org/tba_files/TCCA/millerdl.wpd

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